A woman from the UK has sued the doctor who failed to advise her mother on important supplements that would have prevented her disability…
Twenty-year-old Evie Toombes, from the UK, has the condition spina bifida.
But in spite of this, she’s managed to forge a successful career as a showjumper.
However, her showjumping career has been adversely effected by her health issues.
And earlier this year, Toombes decided to take a rather drastic step.
She has sued her mother’s doctor, claiming she should never have been allowed to be born.
This is because the doctor failed to recommend her taking a folic acid supplement, which is key to preventing spina bifida from forming in the womb.
Her mom, Caroline, says the importance of taking this supplement was not adequately stressed by her doctor.
However, the doctor has denied these claims, saying he gave adequate advice to his patient at the time in 2001.
“This was a very precious decision to start a family, because she herself had lost her parents when she was young,” Caroline’s barrister told the court.
“They had been refraining from sexual intercourse until after they had received advice at this consultation.”
But Caroline says the topic of folic acid was not properly covered by her doctor.
“He told me it was not necessary. I was advised that if I had a good diet previously, I would not have to take folic acid.”
Caroline claims this advice encouraged her to move forward with her pregnancy plans, and not conduct any extra research on prenatal supplements.
“It is her evidence she would have read up on it and wouldn’t have attempted to become pregnant until she was satisfied that she had protected herself as much as possible,” her barrister concluded.
When Evie was born, she was dianosed with lipomylomeningocoele (LMM).
This is a permanent disability that has left her with limited mobility. As time goes on, Evie will have to rely on her wheelchair more and more.
Dr Phillips has denied liability in this case.
He claims he stressed that a healthy diet was important and may mitigate the need for folic acid supplements, but that he would never have said taking the supplement was not necessary.
Evie has said she lives her life with the motto, “Find a way, not an excuse.”
“I was born with a form of spina bifida…but having a passion in life gives me purpose and direction.”
And now, after reviewing all the evidence Evie and her mom have provided, the court has awarded her millions in compensation…
Today, Judge Rosalind Coe ruled against the doctor in favor of Evie’s claims of “wrongful conception” and for “having been born in a damaged state.”
And people are totally outraged by the result…
Judge Coe said in her judgement: “In the circumstances I find that Mrs Toombes was not pregnant at the time of the consultation with Dr Mitchell…”
“She was not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy.
“She was not advised about the relationship between folic acid supplementation and the prevention of spina bifida/neural tube defects.”
Adding: “Had she been provided with the correct recommended advice, she would have delayed attempts to conceive.”
“In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child.
“I, therefore, find that the claimant’s claim succeeds on liability.”
The ammount Evie is expected to recieve hasn’t yet been decided, but it is thought to be a large sum, as it will be used to cover the cost of her treatements for life.
The court will come together in the next few weeks to discuss the full amount of her compensation.
What do you think?